Delhi High Court
Alka Mishra & Ors vs Nct Of Delhi on 3 August, 2011
Author: Mukta Gupta
* HIGH COURT OF DELHI : NEW DELHI
+ CRL.M.C. 2516 OF 2011
% Decided on: August 03, 2011
ALKA MISHRA & ORS ..... Petitioners
Through: Mr. Pradeep Nawani, Advocate.
versus
NCT OF DELHI ..... Respondent
Through: Mr. Mukesh Gupta, APP for the State
with SI Adithi Lilly.
Mr. Krishan Kumar, Advocate for
Respondent No. 2 with Complainant
in person.
Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. Whether the Reporters of local papers may
be allowed to see the judgment? Not necessary
2. To be referred to Reporter or not? Yes
3. Whether the judgment should be reported
in the Digest? Yes
MUKTA GUPTA, J. (ORAL)
Crl. M.A. No. 9004/22011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2516/2011 & Crl. M.A. No. 9003/2011 (Stay)
1. By this petition the Petitioner seeks quashing of FIR No. 119/2010
under Section 498A/406/34 IPC registered at PS Crime Women Cell on the
ground that there is no allegation against the Petitioners, that the FIR has
been registered belatedly and the Petitioners were living separately at a
distant place.
2. The allegations as set out in the FIR are that on the demand of
Complainant's in laws her parents, father, mother and brother and other
relatives incurred an expenditure of Rs. 20 lakhs. During the marriage not
only jewellary items were given but a demand draft of Rs. 75,000/- was also
given besides other articles and cash. Despite having fulfilled the demands
her mother in law and her jaithani i.e. Petitioners No.4 and 1 herein taunted
her for bringing less dowry articles in the presence of relatives. On the same
day, that is, on 4th February, 2007 the complainant's husband, father-in-law,
mother-in-law took all the jewellary, sarees and clothes in their possession
saying that "you will live with your husband at Pune and we have taken all
the istridhan articles from our all son's wives and we will secure it in the
locker."
3. In Kanpur, the mother in law of the Complainant used to taunt her and
humiliate her on small pretext and miserably harass her physically and
mentally asking for her earnings. The mother-in-law of the Complainant
even taunted her and tortured her by different names and used to instigate
the husband. The in-laws even pressured to abort her and on the instigation
of the sister in law the complainant was beaten and mal treated.
Complainant's father brought her to Delhi and got her medical treatment
done. But after some time she was taken back to Kanpur and there she was
harassed and taunted again. She came back to Delhi with her brother-in-law.
It is alleged that when her husband left for Landon, her mother-in-law and
father-in-law used to demand Rs. 3 lacs from her and a flat to be purchased
in the name of the complainant's husband. After coming back from London
the Complainant's husband brought his mother from Kanpur to Delhi and
harassment continued thereafter. The husband of the Complainant slapped
her and abused her with filthy language. There was a demand of flat on the
pretext that her father had purchased flat for himself and not for the husband.
Even the gifts given at the mundane ceremony were not liked by the in-laws
and they abused her. The mother-in-law even went to the extent of throwing
the five months child of the Complainant on the floor resulting in grievous
injuries. It is further alleged that her husband and in-laws continued to
harass her and demanded flat in Delhi. Her brother in law told on telephone
that she should not mind beating by the males and she should tell her father
to purchase a flat in her husband's name so that he does not harass the
Complainant. Finally her husband took away all the articles and threw out
all the belongings of the Complainant and her son in the guard room and
threatened her that in case she enters the house or tries to take legal action
against him he will cut her legs and threatened to kill her father and brother.
The complainant has further alleged that false complaints were made by her
husband to the University to harass her and not let her complete her PhD.
Father-in-law of complainant threatened her to implicate her in false cases.
4. A perusal of the FIR prima facie reveals allegations of continuous
harassment. The FIR on the face of it discloses the commission of
cognizable offences and hence at this stage merely because it was registered
belatedly or it does not disclose allegations against some of the Petitioners it
cannot be said that no case of proceedings in the FIR is made out.
5. The Petitioners have not been arrayed specifically as accused in the
FIR as in column No.7 the name of Rajiv Mishra and others is mentioned.
Merely because the complainant has mentioned the name of the Petitioners
as accused, the Petitioners would not become accused. The Petitioners can
be treated as accused only if allegations are made out against them.
Needless to say that it is for the investigating agency to investigate the
matter and find out the role of each accused before filing charge sheet. In
case allegations are not made out against any of the Petitioners, no charge
sheet qua the said Petitioner/Petitioners would be filed. At this stage I find
no ground to quash the FIR and stall the investigation.
6. Petition and application are dismissed.
( MUKTA GUPTA )
JUDGE
AUGUST 03, 2011
'vn'
